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� � 4 . <br /> � . I <br /> . I <br /> ' � <br /> � <br /> the appointed architectural committee if so authorized by the Board, shall be the sole � • <br /> judge of whether such criteria are satisfied, and its determination in this regard shall be <br /> binding upon the Owners, the Occupants, and any other Person holding or acquiring an <br /> interest in the Unit. The purpose of the criteria established by the Board shall be (i) to ; <br /> preserve the architectura!sryte and uniformity, the quality and value of the Property, and I <br /> (ii) to protect the Associacifln ar:d the OW11eI$ f[plTl 11I;due-liab:lity arising oui of th� • <br /> aiterations or any construction activity irt connection therewith. - <br /> 8.1.5 Alterations may be made in compliance with Section 515B.2-11.3 of the , <br /> Act, and relocation of the boundaries of the Units may be made in compliance with <br /> Section S 1 SB.2-114 of the Act. <br /> 8.1.6 Approval of alterations thai encroach minimally upon another Unit or the � <br /> Common Elements or which essentially continue an existing encroachment created in the � <br /> course of construction of the Building and Units, shall create an appurtenant easement for <br /> such encroachment in favor of the Unit with respect to which the alterations are <br /> approved, notwithstanding any contrary rec}uirement in the Governing Documents or the <br /> Act. A file of the resolutions approving all aiterations shal{ be maintained permanenily <br /> as a part of the Association's records. <br /> 8.2 Review Procedures. The following procedures shall govern requests for <br /> alterations under this Section 8: <br /> 8.2.1 Detailed plans, specificatians, and related information regarding any � <br /> proposed alteration, in form and content acceptable to the Board,sha1) be submitted to the <br /> Board (or the comrnittee)and to Declarant(as long as Declarant is the owner of a Unit) at <br /> least sixty days prior to the projected commencement of construction. No alterations <br /> shall be commenced prior to approval. <br /> 8.2.2 The Board(or the committee) and to Declarant(as long as Declarant is the ; <br /> owner of a Unit) shall give the Owner written notice of approvat or disapproval. If the <br /> Board (or the committee) ar►d to Declarant (as long as Declarant is the owner of a Unit) <br /> fails to approve or disapprove within sixty days after receipt of said plans and <br /> specifications and all other information requested by the Board(or the committee)and to <br /> Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to <br /> be granted; provided, that the alterations are done in accordance with the plans, <br /> specifications, and related information which were submitted. � <br /> $.2.3 If no request for approval is submitted, approva! shall be deemed to be <br /> denied. <br /> 8.3 Remedies for Violations. 1'he Association may undertake any measures, legal or <br /> administrative, to enforce compliance with this Section 8 and shall be entitled to recover from <br /> the Owner causing or permitting the violation all attomeys' fees and costs of enforcement � <br /> incurred by the Association, whether or not a legal action is started. Such attorneys' fees and <br /> costs shall be a lien against each af the Owner's Units and he a pe:sonal obligation of the Owner. <br /> In addition, the Association shali have the right to enter the Owner's Unit and to restore any part <br /> MPL$-Word 95281.t 1 20 <br /> � � <br />